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Practice of Treating Peripheral Neuropathy

Chiropractors licensed in New York must practice within their chiropractic scope of practice as part of an overall treatment plan for a chiropractic patient. Under Education Law §6551(1), the practice of the profession of chiropractic is defined as detecting and correcting by manual or mechanical means structural imbalance, distortion, or subluxations in the human body for the purpose of removing nerve interference and the effects thereof, where such interference is the result of or related to distortion, misalignment or subluxation of or in the vertebral column.

According to the National Institutes of Health, peripheral neuropathy refers to the many conditions that involve damage to the peripheral nervous system, the vast communication network that sends signals between the central nervous system (the brain and spinal cord) and all other parts of the body (https://www.ninds.nih.gov/Disorders/Patient-Caregiver-Education/Fact-Sheets/Peripheral-Neuropathy-Fact-Sheet). The treatment of peripheral neuropathy does not fall within the scope of New York chiropractic practice. Comorbidities such as peripheral neuropathy do not necessarily exclude chiropractic treatment or treatment of concurrent conditions that fall within the profession’s scope.

Thus, in New York, chiropractors who treat peripheral neuropathy unrelated to the spine are practicing beyond the chiropractic scope of practice. In this instance, the chiropractor may be subject to a charge of unprofessional conduct for practicing beyond their lawful scope (see Board of Regent Rules 29.1 (b) (9)).

Citations of Pertinent Law, Rules or Regulations:

  • Education Law §6509(2) – defines professional misconduct as “practicing the profession fraudulently, beyond its authorized scope, with gross incompetence, with gross negligence on a particular occasion or negligence or incompetence on more than one occasion.” Part 29, Unprofessional Conduct
  • Education Law §6509(9) - defines professional misconduct as “Committing unprofessional conduct, as defined by the board of regents in its rules or by the commissioner in regulations approved by the board of regents.” Part 29, Unprofessional Conduct
  • Board of Regents Rules Part 29.1(b)(9) – defines unprofessional conduct as "practicing or offering to practice beyond the scope permitted by law, or accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform, or performing without adequate supervision professional services which the licensee is authorized to perform only under the supervision of a licensed professional, except in an emergency situation where a person's life or health is in danger." Part 29, Unprofessional Conduct